4 


THE 

Convict  System  of  Alabama, 

AS  IT  WAS  AND  AS  IT  IS. 


BY 


R.  H.  DAWSON, 


President  Board  of  Inspectors  of  Convicts. 


BIRMINGHAM,  ALA. 
ROBERTS  & SON,  PRINTERS. 
1892 


1 


DS'S  7° 


RY 

iv  i 

/ 


[ Extract  from  “ Berney’s  Hand-Book  of  Alabama.”  ] 

The  Convict  System  of  Alabama, 

AS  IT  WAS  AND  AS  IT  IS. 


By  R.  H.  Dawson , President  Board  of  Inspectors  of  Convicts. 


“ I dare  not  forge  a flattering  tale; 

I dread  to  grieve  tliee  with  a harsh,  offensive  truth.” 

The  development  of  material  resources  in  Alabama  during 
the  past  twenty  years  has  been  unparalleled ; but,  great  as  it 
has  been,  intellectual  and  moral  progress  has  more  than  kept 
pace  with  it,  and,  while  our  new  cities  and  various  industrial 
establishments  gratify  our  State  pride,  our  institutions  of 
religion  and  learning,  and  of  charity,  show  to  the  world  that 
we  are  not  unmindful  of  the  higher  duties  of  civilization. 

It  is,  therefore,  matter  of  surprise  that  so  little  attention 
has  been  paid  to  the  reformation  of  criminals.  For  the  last 
one  hundred  years,  in  all  civilized  countries,  this  has  been  a 
subject  of  absorbing  interest,  not  only  to  philanthropists,  but 
also  to  statesmen,  and  the  decrease  of  crime  is  regarded  as  of 
the  utmost  importance  to  the  prosperity  of  society. 

But  so  little  attention  has  been  given  to  this  subject  among 
us  that  the  public  generally  do  not  know  that  there  is  no 
penitentiary  system  in  Alabama,  and,  in  fact,  strictly  speaking, 
no  penitentiary.  Instead  of  a penitentiary  system,  we  have 
two  systems  of  penal  servitude  — State  and  county  — both 
founded  upon  the  convict  lease  system,  which  cannot  be  de- 
fended, and  for  which  an  apology  is  attempted  upon  the 
ground  of  necessity,  which  is  said  to  “ know  no  law,”  and  is 
often  made  the  excuse  for  wrong,  and  sometimes  for  crime. 


2.%00 


2 


Before  discussing  our  present  method  of  “criminal  admin- 
istration,” it  will  be  best  to  state  briefly  what  is  known  of  its 
previous  history,  which  is,  unfortunately,  very  little. 

OLD  TIMES. 

An  act  of  the  Legislature  was  passed,  in  January,  1839,  to 
establish  a “ penitentiary  and  State  prison  for  the  reformation 
of  criminals.”  William  Hogan,  A.  A.  McWhorter  and  Alex- 
ander Smith  were  appointed  building  commissioners,  and  the 
institution  was  located  at  Wetumpka,  Ala. 

In  October,  1839,  the  corner  stone  was  laid  by  Governor 
A.  P.  Bagby,  and  in  October,  1841,  the  buildings  were  com- 
pleted at  a cost  of  $84,000.00.  In  November,  1841,  William 
Hogan  was  appointed  warden,  and  J.  M.  Armstrong,  S.  S. 
Simmons  and  John  Watson,  inspectors.  They  served  until 
January,  1844,  when  Achilles  Bradley  became  warden,  with 
W.  S.  Kyle,  L.  P.  Saxon  and  John  Watson,  inspectors. 

At  some  time  during  the  year  1844  the  wooden  workshops 
in  the  yard  were  burned,  and  when  the  Legislature  met,  in 
1815,  the  condition  of  the  institution  was  unsatisfactory, 
especially  as  to  money  matters.  Its  support  had,  up  to 
January,  1846,  cost  the  State  $53,546.44,  and  the  receipts  from 
sales  of  manufactured  articles  had  been  $21,565.75,  leaving  a 
balance,  over  receipts,  of  expenses,  of  $31,980.69. 

Thomas  Cargill  was  made  warden,  and  W.  S.  Kyle,  F.  S. 
McLemore  and  R.  J.  Harrison  inspectors,  in  January,  1846. 
But  in  February,  of  the  same  year,  an  act  was  passed  author- 
izing the  lease  of  the  institution,  by  the  terms  of  which  the 
lessee  became  warden  ; so  that  when  J.  G.  Graham  leased  the 
penitentiary,  during  the  same  month,  Cargill  went  out  of  office 
and  Graham  became  warden,  and  continued  to  be  up  to  the 
expiration  of  his  lease,  in  1852. 

The  names  of  all  of  the  inspectors  during  the  period  from 
1846  up  to  the  reconstruction,  in  1868,  cannot  be  ascertained, 
but  among  them  were,  in  addition  to  those  already  named, 
Thomas  Williams,  John  Hardy,  Elisha  Haines,  J.  L.  Pogue 
C.  M.  Cabot  and  B.  S.  Griffin.  The  names  of  all  of  the  in- 
spectors since  1868  are  given  at  the  close  of  this  article. 

From  1852  to  1858  Moore  & Jordan  were  lessees,  with  Dr. 
Moore  as  warden.  In  1858  Dr.  Ambrose  Burrows  became 
lessee  and  warden. 


3 


During  all  these  years  little  is  known  of  the  management 
of  the  institution.  There  were  workshops  and  valuable  ma- 
chinery, and  several  branches  of  industry  were  carried  on. 
Wagons,  buggies,  harness,  saddles,  shoes,  and  perhaps  other 
articles,  were  manufactured. 

Moore  & Jordan  engaged  largely  in  the  manufacture  of 
bagging  and  rope,  which  proved  a failure,  involving  the  lessees 
in  heavy  loss.  It  was  also  an  exceedingly  unhealthy  employ- 
ment, causing  much  and  fatal  sickness. 

There  are  no  books  or  papers  extant,  showing  how  the 
institution  was  conducted,  or  the  names  of  the  convicts. 
What  little  has  been  stated  has  been  ascertained  from  old 
residents  of  Wetumpka. 

In  1862  Dr.  Burrows  was  killed  by  a convict  named  Kar- 
minsky,  who  was  tried  for  the  murder  at  Rockford,  and  was 
executed  in  the  yard,  in  the  presence  of  the  convicts. 

The  leases  before  referred  to  had  nothing  in  common  with 
the  present  lease  system.  The  convicts  were  kept  and  worked 
inside  the  walls,  and  the  only  difference  in  the  management 
was,  the  lessee  was  the  ex-officio  warden. 

On  the  death  of  Dr.  Burrows,  the  State  resumed  control, 
with  Dr.  M.  G.  Moore  as  warden,  and  during  the  war  he  man- 
ufactured many  articles  of  use  to  the  Confederacy,  and  he  paid 
into  the  treasury  about  $80,000.00  of  Confederate  money. 

-Many  convicts  were  pardoned  during  the  war  to  join  the 

army. 

At  the  request  of  the  State  of  Mississippi,  the  convicts  of 
that  State  were  received  into  the  Alabama  penitentiary,  and 
remained  there  until  the  spring  of  1865,  when  the  federal 
forces,  in  their  zeal  for  liberty,  threw  open  the  doors  of  the 
prison  and  turned  loose  all  the  convicts. 

Among  the  convicts  was  a man  named  Maroney,  whose 
wonderful  feat  in  robbing  an  express  company  at  Montgomery, 
before  the  war,  is  one  of  the  most  romantic  chapters  in  crim- 
inal annals,  and  has  furnished  the  material  for  one  of  Pink- 
erton’s sensational  books.  When  the  federals  turned  the 
convicts  loose,  Maroney  refused  to  leave,  and  remained  alone 
in  the  penitentiary,  faithfully  guarding  the  place  and  endeav- 
oring to  preserve  the  property  of  the  State  until  he  was 
relieved  by  those  having  authority. 


4 


Dr.  Moore  continued  to  act  as  warden  up  to  June,  1866, 
when  Governor  Patton  made  another  lease  to  Smith  & Mc- 
Millan, with  whom  various  parties  appear  to  have  been  inter- 
ested. This  was  the  last  lease  ever  made  under  the  old  law, 
and  one  of  the  most  unfortunate  business  transactions  in 
which  the  State  ever  engaged.  Governor  Patton  loaned  or 
gave  the  lessees  $15,000.00,  none  of  which  has  ever  been 
repaid,  and  when  they  took  possession  of  the  place,  the  State 
owned  valuable  machinery  of  various  sorts ; when  they  re- 
stored the  property  to  the  State,  it  was  a wreck. 

A NEW  LEASE  SYSTEM. 

In  1866  an  act  was  passed  allowing  Smith  & McMillan  to 
sub-let  the  convicts  to  be  worked  outside  the  penitentiary. 
This  was  the  beginning  of  the  present  lease  system.  During 
the  next  six  years  great  barbarities  are  reported  to  have  been 
committed  upon  the  convicts,  who  were  scattered  all  over  the 
State,  working  at  different  employments,  mostly  on  railroads. 
As  the  laws  for  the  government  of  convicts  had  been  made 
while  the  convicts  were  worked  inside  the  penitentiary,  there 
was  little  or  no  provision  for  the  care  of  those  who  worked 
outside. 

It  is  to  be  hoped  that  the  reports  of  cruelty  that  prevailed 
during  this  period  are  exaggerated ; such  things  usually  are, 
but  the  enormous  death  rate — reaching  41  in  the  100  in  1869 — 
shows  that  the  treatment  must  have  been  bad. 

There  are  no  inspectors’  reports  to  be  found  prior  to  one 
made  on  the  5th  of  July,  1868,  covering  the  period  of  two 
years  before  that  date,  although  the  writer  is  informed  that 
reports  were  made  prior  to  this ; and  as  before  stated  there  are 
no  books  or  papers,  nor  even  a convict  register,  to  be  found 
prior  to  the  administration  of  Mr.  Bass.  When,  or  how,  the 
books  and  papers  were  destroyed  the  writer  has  been  unable 
to  ascertain. 

The  inspectors’  reports  contain  very  little  information  up 
to  1882,  except  the  lists  of  the  convicts  required  by  law.  The 
most  of  them  give  glowing  accounts  of  the  good  management 
of  the  contractors  and  boast  of  the  kind  treatment  and  excel- 
lent condition  of  the  convicts,  when  they  were  dying  at  the 
rate  of  from  10  to  40  per  cent,  per  annum. 


5 


In  June,  1872,  the  lease  of  Smith  & McMillan  having 
expired,  Dr.  M.  G.  Moore  took  charge  as  warden  for  the  State. 
The  lease  system  was  continued. 

At  the  session  of  the  Legislature  in  the  winter  of  1872-73, 
the  State  Senate,  being  republican,  refused  to  confirm  Dr. 
Moore,  and  Larkin  G.  Willis  was  appointed  warden.  Dr. 
Moore  was  kind  and  considerate,  and  had  he  been  confirmed 
warden,  he  would  doubtless  have  done  much  to  improve  the 
system. 

In  October,  1873,  Col.  Willis  reported  as  follows  : “The 
most  of  the  convicts  were  at  work  on  the  railroad,  under 
Rucker  and  associates.  I had  them  all  brought  to  the  prison, 
owing,  principally,  to  the  fact  that  their  condition  was  such 
that  unless  they  were  better  cared  for  they  would  all  soon 
die.” 

In  1873  a plantation,  nine  miles  from  Montgomery,  on 
the  Tallapoosa  river,  was  purchased  from  Col.  Williams.  The 
soil  is  very  fertile,  but  the  place  is  low,  sickly,  and  so  subject 
to  overflow  as  to  make  farming  on  it  an  uncertain  venture.  It 
was  all  under  wTater  in  the  great  freshet  of  1886,  and  the 
guards  and  convicts  who  were  then  there  were  rescued  with 
much  difficulty  and  some  danger.  The  place  has  proved  an 
unfortunate  investment. 

Col.  Willis  died  in  the  early  part  of  1875,  and  Col.  J.  G. 
Bass  became  warden.  He  is  a man  of  much  energy  and  fine 
business  sense.  He  repaired  and  improved  the  property  of 
the  penitentiary,  graded  the  branch  road  from  Elmore  to 
Wetumpka,  and  under  his  management  the  penitentiary 
ceased  to  be  a burden  to  the  State.  He  purchased  thirty  acres 
of  land  adjoining  the  penitentiary,  which  was  badly  needed, 
and  he  fenced  and  improved  the  grounds  and  put  the  place  in 
better  condition  than  it  had  ever  been.  The  trees  which  he 
planted  are  now  beautiful  and  add  much  to  the  comfort  and 
appearance  of  the  place.  They  will  long  remain  a monument 
to  his  industry  and  good  taste. 

During  this  administration  the  inspectors  did  much  more 
than  formerly.  The  condition  of  the  convicts  was  somewhat 
improved,  but  the  inspectors  had  but  little  authority,  and  it  is 
surprising  that  they  accomplished  as  much  as  they  did  under 
the  then  laws. 


6 


In  January  of  1881,  a joint  committee  of  the  Legislature 
visited  some  of  the  convict  camps.  They  made  a report  and 
published  some  evidence,  portions  of  which  were  a surprise  to 
the  public.  But  nothing  was  done  at  this  Legislature  to  change 
things  for  the  better. 

In  March,  1881,  Col.  J.  H.  Bankhead  became  warden.  At 
the  same  time  Dr.  James  Kent,  one  of  the  most  distinguished 
physicians  in  the  State,  was  induced  to  become  an  inspector. 
From  his  high  character  and  great  attainments  much  was 
expected,  but  unfortunately  he  had  time  to  visit  only  one 
prison  (New  Castle)  before  his  sudden  and  much  lamented 
death  in  April  following. 

The  rumors  and  the  complaints  of  bad  treatment  of  the 
convicts  continued,  and  in  the  fall  of  188.1,  at  the  request  of 
warden  Bankhead,  Drs.  Jerome  Cochran  and  J.  B.  Gaston 
examined  some  of  the  convict  prisons.  When  the  medical 
association  met  in  Mobile  in  1882,  Dr.  Gaston,  who  was  its 
president,  in  an  address  to  that  body,  made  such  an  exposure  of 
the  condition  in  which  they  had  found  things  that  the  atten- 
tion of  the  whole  State  was  aroused ; so  much  so  that  Col. 
Jno.  T.  Milner,  then  interested  in  convict  labor,  thought 
it  necessary  to  reply  to  Dr,  Gaston  through  the  newspapers. 
This  brought  about  a discussion  in  the  press,  and  Col.  Robert 
McKee,  with  the  fearless  devotion  to  right  which  has  always 
characterized  him,  exposed  the  abuses  to  which  the  convicts 
were  subjected,  as  no  one  else  could  do. 

When  the  Legislature  met  in  the  fall  of  1882,  in  response 
to  the  outspoken  demands  of  public  opinion,  the  long  needed 
act  was  passed  adapting  the  laws,  as  far  as  practicable,  to  the 
lease  system.  The  law  was  not  passed  in  exactly  the  shape  its 
friends  wished  it  to  be,  because  there  was  such  a strong  lobby, 
thoroughly  organized  and  skillfully  managed,  that  the  act  was 
modified  in  many  respects  to  suit  their  wishes,  but  many 
changes  were  made,  and  more  was  accomplished  than  ever  had 
been  for  the  improvement  of  the  condition  of  the  convicts. 

The  authority  of  the  inspectors  was  enlarged,  and  their 
duties  increased.  Frequent  inspections  were  required,  provis- 
ions were  made  for  the  care  of  the  sick  and  to  prevent  abuse 
and  mistreatment.  R.  H.  Dawson,  A.  T.  Henley  and  W.  D. 
Lee  were  appointed  inspectors.  Upon  the  organization  of  the 


board  R.  H.  Dawson  was  made  president ; but  the  president 
had,  at  that  time,  no  more  authority  than  that  of  the  other 
members,  except  to  call  meetings  of  the  board  when  he  thought 
necessary. 

The  greatest  change  of  all,  and  the  best  provision  in  the 
law,  was  that  allowing  the  governor  to  break  up  any  contract, 
at  any  time,  without  assigning  any  reason. 

Soon  after  this  act  was  passed  almost  all  the  contracts  in 
force  expired,  and  a new  leasing  was  had  in  May,  1883.  There 
were  very  many  bids,  but  contracts  were  awarded  to  Comer 
& McCurdy  for  200  convicts,  Pratt  Coal  & Iron  Co.  for  200 
and  J.  F.  B.  Jackson  for  100,  leaving  100  with  Col.  Williams, 
his  contract  not  expiring  until  January  1,  1886. 

The  warden,  the  physician  and  the  inspectors  found  much 
to  occupy  their  time.  The  physician,  in  obedience  to  the  law, 
removed  to  Pratt  Mines  and  devoted  his  time  to  the  convicts. 
At  Blount  Springs  Col.  Jackson  built  an  entirely  new  prison  ; 
at  Pratt  Mines  and  at  the  plantations  of  Col.  Williams  great 
improvements  were  made.  The  convicts  were  better  fed, 
clothed  and  cared  for  than  they  had  been ; upon  the  inspectors 
devolved  the  labor  of  searching  out  abuses  and  informing  the 
warden  of  them.  The  spirit  of  the  law  was  not  fully  appreci- 
ated by  the  contractors  and  their  employees,  and  it  was  diffi- 
cult for  them  to  realize  that  there  was  a limit  to  their  power 
over  a convict,  or  that  he  was  to  be  considered  as  a man,  and 
under  the  protection  of  the  law ; consequently  there  was 
friction,  and  it  took  time  and  patience  to  get  things  in  good 
running  condition ; the  investigations  of  the  inspectors  were 
looked  upon  as  officious  intermeddling,  and  some  ill  feeling 
was  manifested,  but  when  it  was  found  that  they  were  careful 
to  keep  within  the  line  of  their  duty,  and  never  to  exceed  their 
authority,  and  had  the  hearty  support  and  co-operation  of 
Governor  O’Neal,  things  gradually  improved.  There  had  been 
a great  deal  of  sickness  at  the  mines  during  the  first  part  of 
the  year  1883,  and  the  sick  had  suffered  for  the  want  of 
proper  care.  After  Dr.  Cunningham  took  charge,  about  April, 
1883,  there  was  a decided  improvement,  and,  while  the  doctor’s 
attention  to  the  sick  was  skillful  and  successful,  his  labors  in 
preventing  sickness,  by  enforcing  a system  of  sanitary  rules, 
was  of  greater  benefit  than  his  service  to  those  already  sick. 


8 


Although  much  was  done,  still  the  new  law  did  not  accom- 
plish all  that  was  expected  of  it.  Experience  showed,  as  is 
the  case  with  all  new  laws,  of  an  important  character,  that  it 
was  imperfect  in  many  respects ; but  it  gave  so  much  satisfac- 
tion that  the  democratic  State  convention,  in  1884,  adopted  a 
resolution  congratulating  the  people  of  the  State  that  the  man- 
agement of  the  convicts  was  no  longer  a matter  of  reproach. 

PRESENT  SYSTEM. 

When  the  legislature  met  in  the  fall  of  1884,  an  act  was 
passed  known  from  its  author,  Hon.  A.  A.  Coleman,  of  Hale 
county,  as  the  “ Coleman  law,”  which  made  sweeping  changes 
in  the  convict  system,  and  is,  with  a few  amendments,  made 
from  time  to  time,  the  convict  system  of  Alabama. 

A few  of  the  important  changes  are — the  abolishing  of  the 
offices  of  warden  and  of  inspectors  of  the  penitentiary,  and 
creating  a board  of  inspectors  of  convicts,  and  requiring  the 
president  of  the  board  to  perform  the  duties  of  warden  in  all 
business  transactions  ; the  removal  of  the  business  office  from 
the  penitentiary  to  the  State  Capitol,  and  placing  the  control 
of  the  convicts  under  the  board  of  inspectors. 

In  March,  1885,  Mr.  Bankhead’s  term  as  warden  expired. 
He  held  the  office  during  the  most  trying  period  in  its  history. 
He  found  the  convicts  leased  out  to  contractors  over  whom  the 
law  gave  him  but  little  control.  The  abuses  and  cruelties  to 
which  they  had  been  subjected  had  greatly  excited  the  public 
mind,  and  demands  were  made  upon  him  for  reformation, 
which  he  had  no  power  to  enforce. 

The  most  difficult  position  in  which  a man  can  be  placed,  is 
that  of  responsibility  without  commensurate  authority.  It 
is  not  strange  then  that  Mr.  Bankhead’s  administration  should 
have  been  the  subject  of  severe  criticism ; but  any  one  who 
will  read  the  plan  proposed  by  him  to  the  Legislature  in  1882, 
can  but  feel  that  he  was  deeply  interested  in  his  work,  and 
that  no  more  humane  system  for  the  management  of  convicts 
was  ever  proposed  by  any  one. 

Under  the  “ Coleman  law,”  which  went  into  operation  in 
March,  1885,  R.  H.  Dawson  was  appointed  president  of  the 
board  of  inspectors,  with  A.  T.  Henley  and  W.  D.  Lee  as  his 
associates,  and  they  are  still  in  office. 


9 


Although  much  had  been  done,  the  inspectors  found  plenty 
to  do,  and  they  were  constantly  employed  endeavoring  to  have 
the  laws  for  the  proper  management  of  the  convicts  enforced. 

In  1888,  the  convicts  were  concentrated  as  far  as  possible 
at  Pratt  Mines,  where  two  new  prisons  were  erected,  each 
intended  for  the  accommodation  of  500  convicts.  These 
prisons  are  roomy  and  comfortable,  and  are  great  contrasts  to 
the  miserable  pens  in  which  convicts  were  formerly  confined. 
In  the  language  of  the  Rev.  Fred  H.  Wines  of  Illinois,  the 
highest  authority  in  the  United  States  upon  such  subjects : 
“ These  are  the  best  cheap  prisons  in  the  Union.”  Excellent 
hospitals  have  been  built  upon  plans  suggested  by  Dr.  Cun- 
ningham, and  the  work  was  done  under  his  supervision. 
These  are  well  and  neatly  kept,  and  the  sick  are  properly 
cared  for. 

Since  1888,  it  has  been  found  necessary  to  make  other  pro 
visions,  not  only  for  the  females,  and  boys  under  fifteen  years 
old,  who  are  not  allowed  by  law  to  be  worked  in  the  mines,, 
but  also  for  a class  of  adult  males  who  for  various  physical 
defects  cannot  be  worked  in  the  mines ; and  contracts  have 
been  recently  made  with  the  Milner,  Caldwell  & Flowers 
Lumber  Company,  at  Bolling,  and  with  Col.  Thos.  Williams,, 
near  Wetumpka,  for  the  hire  of  these  classes  of  convicts. 
There  are  excellent  prisons  at  both  of  these  places.  In  all 
respects  the  condition  of  the  convicts  has  been  improved  since 
1883. 

There  is,  at  all  the  prisons  where  State  convicts  are  kept,, 
better  food,  clothing  and  surroundings  of  every  kind.  At  the 
mines  the  men  are  graded  each  month,  by  the  inspectors  and 
physician,  into  four  classes,  according  to  their  capacity  for 
labor,  and  the  amount  of  labor  to  be  performed  by  each  class 
is  fixed  by  the  inspectors. 

Whenever  a man  complains  of  sickness,  he  does  not  go  to 
work  unless,  after  a careful  examination  by  a competent  phy- 
sician, he  is  declared  able  to  work.  In  fact,  so  great  have 
been  the  changes  in  the  surroundings  and  treatment  of  the 
convicts,  that,  in  the  language  of  Dr.  Jerome  Cochran,  State 
Health  Officer,  “It  amounts  to  a revolution.”  These  changes 
have  resulted  in  better  health  and  fewer  deaths. 


10 


The  convict  system  is  under  great  obligations  to  Dr.  Coch- 
ran. On  several  occasions,  by  order  of  the  Governor,  he  has 
made  examinations  of  the  different  convict  prisons  and  re- 
ported thereupon.  Many  of  the  improvements  have  been 
suggested  by  him,  and  nothing  that  he  has  proposed  has 
failed  to  be  of  great  benefit  when  adopted. 

THE  STATE  PENITENTIARY. 

This  institution  is  situated  on  the  east  bank  of  the  Coosa 
river,  in  the  suburbs  of  the  city  of  Wetumpka.  The  location 
is  low  and  flat,  and  in  1886  it  was  inundated  by  the  overflow 
of  the  river;  but’there  never  was  so  high  a freshet  before,  and 
probably  never  will  be  again.  When  the  president  of  the 
board  took  charge  of  the  place,  in  1885,  the  buildings  were 
dilapidated  and  the  fences  and  everything  connected  with  it 
were  in  bad  condition.  A great  deal  of  repairing  has  been 
done  and  several  much  needed  out-buildings  erected — such  as 
barns,  stables,  shops,  wagon  shelters,  etc.  Water  for  drinking 
purposes  is  brought  into  the  yard  from  a good  spring  in  the 
garden,  and,  for  other  purposes,  from  another  spring  some 
distance  southeast  of  the  place.  But  there  is  not  a full  supply 
of  water,  and,  in  case  of  fire,  there  is  not  enough  to  do  any 
good. 

When  viewed  from  the  public  road,  th6  front  of  the  build- 
ing presents  a handsome  appearance.  It  is  ornamented  with 
trees  planted  by  Col.  Bass,  and  with  shrubbery,  flowers  and 
grass.  Except  for  the  bars  across  {he  windows,  the  institution 
might  be  taken  for  some  other  public  building  than  a prison. 

There  is  neither  machinery  nor  land  for  the  employment 
of  convicts.  About  three  acres  are  enclosed  by  a brick  wall, 
twenty -five  feet  high,  from  which  the  place  takes  its  name  of 
“ the  walls,”  by  which  it  is  usually  designated.  This  yard  is 
shaded  by  beautiful  elms,  also  the  work  of  Col.  Bass.  Inside 
the  yard  are  cells  and  various  buildings  occupied  by  the  con- 
victs. There  is  only  cell  room  for  208,  and  the  cells  are  mis- 
erably constructed  and  are  unfit  to  be  occupied  by  human 
beings. 

Since  1885,  the  place  has  been  used  as  a general  hospital 
for  the  chronic  sick,  and  those  broken  down  in  the  mines,  or 
-otherwise  unfit  for  labor,  are  kept  here.  Much  benefit  has 


11 


been  derived  in  many  cases,  and  the  practice  of  bringing  the 
sick  here  for  treatment  has  resulted  in  increased  revenue  to 
the  State.  Many  who  would  have  died  but  for  the  change  to 
“the  walls,”  have  been  restored  td  health  and  returned  to 
work  at  the  mines,  and  during  the  past  three  years  over 
$16,000.00  has  been  realized  from  the  labor  of  such  cases. 

The  hospital  here  is  all  that  could  be  desired,  except  that 
more  room  is  needed.  The  physician  of  the  penitentiary  is 
appointed  by  the  Governor.  The  position  is  at  present  filled 
by  Dr.  George  B.  Judkins,  an  excellent  physician  and  “ a good 
Samaritan,”  and  many  a convict  has  cause  to  be  thankful  that 
he  fell  into  such  good  hands.  The  officer  in  charge  at  this 
place  is  called  the  keeper,  and  is  appointed  by  the  Governor. 
The  position  is  filled  at  this  time  by  Mr.  T.  C.  Dawson. 

FINANCES. 

The  financial  affairs  of  the  convict  system  of  the  State  are 
in  as  satisfactory  condition  as  could  be  desired,  and  better  than 
that  of  any  such  institution  in  the  United  States.  The  follow- 
ing statements  will  show  the  financial  results  for  different 
periods  as  far  back  as  can  be  ascertained  : 

Financial  showing  of  the  Alabama  penitentiary  for  each 
bi-ennial  period  since  1874.  (Page  88,  Bi-ennial  Report  of  In- 
spectors, made  September  80,  1890.) 


Bi-ennial  Term. 

Gross 

Receipts 

Gross 

Expenses 

Net 

Receipts 

Net 

Deficit 

* From  Oct.  1,  1874  to  Sept.  30,  1876  . . 

$ 48,266  09 

$ 58,007  64 

$ 9,731  55 

1 From  Oct.  1, 1876  to  Sept.  30,  1878.. 

83,594  44 

57,537  06 

$ 26,056  38 

t From  Oct.  1, 1878  to  Sept.  30, 1880.. 

65,813  15 

30,095  38 

35,717  77 

§ From  Oct.  1,  1880  to  Sept.  30,  1882.. 

71,740  58 

31,124  41 

40,616  17 

ill.  From  Oct.  1, 1882  to  Sept.  30, 1884. 

71,255  51 

30,689  86 

40,565  65 

**  From  Oct.  1,  1884  to  Sept.  30, 1886. . 

83,354  99 

24,191  42 

59,163  57 

From  Oct.  1,  1886  to  Sept. 30, 1888. . 

118,794  79 

48,069  06 

70,725  73 

From  Oct.  1,  1888  to  Sept, 30, 1890. . 

250,935  40 

87,401  26 

163,534  14 

* The  gross  receipts  embrace  estimated  value  convict  labor  in  payment  of  State 
farm,  and  also  moneys  received  from  treasury  out  of  general  fund,  while  gross  ex- 
penses do  not  embrace  some  expenses  paid  from  treasury  and  not  charged  to  peni- 
tentiary, such  as  printing,  etc. 

t The  gross  receipts  embrace  estimated  value  of  labor  in  paying  for  State  farm, 


12 


If  half  of  the  net  income  was  applied  every  year  to  provide 
for  working  the  convicts  on  State  account,  that  could  be  ac- 
complished in  a few  years,  without  any  drain  upon  the  State 
treasury,  and  would  provide  the  State  with  a penitentiary  sys- 
tem such  as  there  should  be,  and  as  its  founders  intended— a 
place  where  an  honest  effort  is  made  to  assist  the  fallen  to  rise 
again  and  become  useful,  if  humble,  members  of  society. 

In  Alabama  we  ha’ve  the  lease  system  at  its  best,  but  it  is 
a vicious  one.  By  engaging  in  it  the  State  admits  its  inability 
to  deal  with  those  who  violate  the  laws.  No  idea  of  improve- 
ment or  reform  enters  into  it.  The  object  of  the  contractor  is 
to  make  money.  He  can  have  no  other.  The  business  is  un- 
pleasant and  only  profit  can  reconcile  one  to  engage  in  it.  Do 
not  be  too  hard  on  the  contractor.  Were  we  in  his  place  we 
would  do  like  him.  Can  he  be  expected  to  undertake  the 
reformation  of  convicts  when  the  State  shrinks  from  the 
task?  There  is  no  obligation  on  him  to  do  it.  “It  is  not 
so  nominated  in  the  bond.”  But  can  the  children  of  a man 
who  employs  another  to  enforce  discipline  in  his  family  be 
expected  to  make  good  men  and  women?  Neither  can  the 
violators  of  the  law  be  improved  when  the  State  gives  up  to  a 
contractor  the  administration  of  her  penal  laws.  It  is  useless 
to  repeat  here  the  innumerable  objections  that  have  been  urged 
against  it.  Let  us  hope  that  its  days  are  numbered. 

COUNTY  CONVICTS. 

It  would  require  to  much  space  to  attempt  an  account  here 
of  the  county  convict  system.  It  is  fully  described  in  the  re- 
ports of  the  inspectors,  from  1884  to  1890.  It  is  not  so  good 


and  also  labor  in  building  Wetumpka  branch  road.  The  gross  expenses  do  not  em- 
brace many  items  paid  from  the  general  fund,  but  not  charged  to  penitentiary. 

t The  gross  receipts  embrace  the  estimated  value  of  further  labor  in  payment  of 
the  State  farm,  in  building  the  branch  railroad  and  in  improvements  at  the  walls; 
while  the  gross  expense  do  not  include  many  items  paid  from  general  fund,  but  not 
charged  against  penitentiary. 

§ The  gross  receipts  embrace  the  estimated  value  of  further  labor  in  payment  of 
State  farm  and  improvements  at  walls,  etc.,  while  the  gross  expenses  do  not  include 
many  items  paid  from  general  fund,  though  not  charged  against  penitentiary. 

II  The  gross  receipts  embrace  estimated  improvements,  while  expenses  do  not  in- 
clude some  items  paid  from  general  fund. 

**  The  gross  receipts  are  actual  earnings.  The  expenses  include  everything  ex- 
cept court  costs. 


13 


as  the  State  system,  and  its  only  object  is  to  make  money  to 
keep  up  the  fine  and  forfeiture  in  the  several  counties. 

Suffice  it  to  say  here  that  it  possesses  all  the  evils  and  but 
few  of  the  advantages  of  the  State  system. 

INSPECTORS  OF  THE  PENITENTIARY  SINCE  1868: 


NAME 

J.  A.  McCutchin,  . 

APPOINTED 

July  5,  1868 

TERM  EXPIRED. 

March  1,  1871 

John  Weiss, 

tt 

tt 

Baker  Kyle,  (colored)  “ 

tt 

I.  W.  Suttle, 

March  1,  1871 

March  1,  1873 

W.  H.  Odione, 

it 

tt 

Jas.  Thaddeus, 

tt 

tt 

H.  C.  Bryan,  (colored)  March  1,  1873 

March  1,  1875 

S.  D.  Oliver, 

ct 

tt 

G.  L.  Zimmerman, 

tt 

tt 

J.  M.  Bradford, 

March  1,  1875 

March  1,  1879 

A.  T.  Goodwyn, 

tt 

March  1,  1881 

J.  H.  Judkins, 

tt 

March  1,  1883 

A.  G.  Simpson, 

March  1,  1879 

tt 

Jas.  Kent,* 

March  1,  1881 

April  1881 

J.  T.  McDonald, f 

April,  1881 

March,  1883 

R.  H.  Dawson, 

March  1,  1883 

March  1,  1885 

A.  T.  Henley, 

tt 

tt 

W.  D.  Lee, 

tt 

tt 

INSPECTORS  OF 

CONVICTS — PRESIDENTS  OF 

THE  BOARD  ’. 

NAME 

APPOINTED 

TERM  EXPIRED 

R.  H.  Dawson, 

March  1,  1885 

March  1,  1891 

R.  H.  Dawson, 

March  1,  1891 

ASSOCIATE  INSPECTORS. 

A.  T.  Henley, 

March  1,  1885 

March  1,  1887 

W.  D.  Lee, 

tt 

March  1,  1889 

A.  T.  Henley, 

March  1,  1887 

W.  D.  Lee, 

March  1,  1889 

* Died. 

t Vice  James  Kent. 


t 


I 


